A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On February 21, 2016, the Defendant stated that “A victim D, who carries out a construction project for dismantling a building at the scene of the demolition of the building in Geumcheon-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), would promptly assist him/her, and would sell the electric wires collected at the site of the removal and help him/her to repay them again within three days after he/she attempted to do so.”

However, in fact, the Defendant had expressed the intent to build the electric line to E, a creditor, for the repayment of personal debt, so there was no intention or ability to pay the price to the victim from the beginning by selling the said electric line.

Nevertheless, the defendant obtained the delivery of 10,580 g of the electricity line equivalent to the market price of 49,345,120 won from the injured party on the same day and acquired it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. A measurement certificate, a certificate of measurement, a photograph of goods, a written contract for removal, and a certificate for all registered matters (F);

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. As for the reason unfavorable to the sentencing under Article 62(1) of the Criminal Act (hereinafter, taking into account favorable circumstances among the reasons for sentencing), there are records of criminal punishment that the defendant has been imposed several times as criminal punishment for a different type of crime.

The favorable circumstances include the fact that the defendant recognized the crime of this case, that the defendant agreed with the victim, and that the defendant has no record of criminal punishment for the same crime.

In addition to the above circumstances and other circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances after the commission of the crime, shall be determined as per Disposition.